Are you feeling a bit stressed lately because you are trying to get ready for the holidays while also resolving a serious personal matter in life? Trying to remain upbeat for the sake of your kids while also trying to make sure you get a fair deal in your divorce can definitely put a damper on your holiday spirit. The good news is that many people are able to settle their divorces without ever going to court.
If you like the sound of that idea, there are several factors to consider before you determine the best course of action in your particular situation. First, if you and your co-parent can barely exist in the same room without getting into an argument, alternative divorce options may not be the best choice in your case. It doesn’t necessarily mean it would be impossible, but the chances of avoiding disputes may be dim.
Think about these things
Like all good parents, it’s your children’s best interests that are of highest priority as you prepare to divorce. If you and your spouse agree on that issue, you might be able to achieve an agreeable settlement without the need for litigation. Then again, sometimes, saying the kids come first and agreeing to the specific issues pertaining to their post-divorce care and lifestyle are two different matters.
If your ultimate goal is to amicably discuss child custody, child support, property division and other issues that will have a significant impact on your children’s lives, then you might consider divorce mediation or collaboration rather than hashing everything out in court.
Make well-informed, careful choices
In a perfect world, every attorney would be highly skilled, experienced and good at what he or she does. In reality, it takes careful thought to choose legal representation who understands the big picture and will act on your behalf to protect your parental rights and also make sure your children’s best interests are the central focus of negotiations.
If you do wind up needing to go to court, you also would want an attorney who is prepared to aggressively litigate any and all issues that must be resolved in order to obtain a satisfactory settlement.
What are your goals?
Do you wish to avoid confrontation? Are you hoping to settle matters in as swift and peaceful manner as possible? Are you greatly concerned about finances? If you answered yes to one or more of these questions, you’ll want to learn more about alternative dispute resolution options in divorce.
Mediation and collaboration typically take less time and cost less than litigation. You might also want your children to witness you and your co-parent working as a team to discuss their future and make decisions together based on what’s best for them rather than watching you become entangled in a long, drawn out court battle.
You can change direction of your course
Some Ohio spouses try to settle divorce out of court but later realize it’s not working out as they’d hoped. If that happens, you can convert your case to litigation. However, the attorney who was representing you in out-of-court negotiations would not be able to litigate on your behalf. You would need to hire a different person to represent you in court.
This is one of many reasons why it pays to learn as much as you can about alternative settlement options ahead of time to determine whether you believe it’s the most viable option in your case.
Can One Spouse Receive More Than Half The Assets In A Divorce?
/in Property Division /by Eric LaubacherWhen couples are emotional during a divorce case, they do not always make reasonable decisions, but ultimately many important decisions must be made throughout a divorce. Sometimes, one spouse will purposely do different things to make the other one’s life difficult or in an attempt to harm them in some way.
One thing a spouse may do is try to hide assets or dissipate them in some other manner in order to keep them from the other spouse. In Ohio, the division of assets must be “equitable.” This generally means that the marital assets and debts will be equally divided between the spouses. So, if, for example, one spouse has more money in a 401(k) or other bank account, they that spouse may need to pay out a portion of the funds so each spouse receives the same amount at the end of the divorce.
However, equitably does not always mean “equal.” If one spouse has engaged in financial misconduct, the harmed spouse may receive more assets to correct the harm to them through the other’s misconduct. Examples of financial misconduct are: hiding assets from the other spouse during the divorce; extensive gambling losses; money spent on illegal drugs; money spent on a lover and other reasons. The burden is on the harmed party to prove how much money was misused and how much they should be entitled to as a result.
Every divorce in Ohio is different, despite the fact that all deal with similar issues. For example, while all couples are required to divide their assets, the outcome of the asset division will vary greatly depending on the amount and types of assets, as well as the conduct of both spouses during the marriage and divorce.
Keep These Issues In Mind If You Want To Settle Out Of Court
/in Divorce /by Eric LaubacherAre you feeling a bit stressed lately because you are trying to get ready for the holidays while also resolving a serious personal matter in life? Trying to remain upbeat for the sake of your kids while also trying to make sure you get a fair deal in your divorce can definitely put a damper on your holiday spirit. The good news is that many people are able to settle their divorces without ever going to court.
If you like the sound of that idea, there are several factors to consider before you determine the best course of action in your particular situation. First, if you and your co-parent can barely exist in the same room without getting into an argument, alternative divorce options may not be the best choice in your case. It doesn’t necessarily mean it would be impossible, but the chances of avoiding disputes may be dim.
Think about these things
Like all good parents, it’s your children’s best interests that are of highest priority as you prepare to divorce. If you and your spouse agree on that issue, you might be able to achieve an agreeable settlement without the need for litigation. Then again, sometimes, saying the kids come first and agreeing to the specific issues pertaining to their post-divorce care and lifestyle are two different matters.
If your ultimate goal is to amicably discuss child custody, child support, property division and other issues that will have a significant impact on your children’s lives, then you might consider divorce mediation or collaboration rather than hashing everything out in court.
Make well-informed, careful choices
In a perfect world, every attorney would be highly skilled, experienced and good at what he or she does. In reality, it takes careful thought to choose legal representation who understands the big picture and will act on your behalf to protect your parental rights and also make sure your children’s best interests are the central focus of negotiations.
If you do wind up needing to go to court, you also would want an attorney who is prepared to aggressively litigate any and all issues that must be resolved in order to obtain a satisfactory settlement.
What are your goals?
Do you wish to avoid confrontation? Are you hoping to settle matters in as swift and peaceful manner as possible? Are you greatly concerned about finances? If you answered yes to one or more of these questions, you’ll want to learn more about alternative dispute resolution options in divorce.
Mediation and collaboration typically take less time and cost less than litigation. You might also want your children to witness you and your co-parent working as a team to discuss their future and make decisions together based on what’s best for them rather than watching you become entangled in a long, drawn out court battle.
You can change direction of your course
Some Ohio spouses try to settle divorce out of court but later realize it’s not working out as they’d hoped. If that happens, you can convert your case to litigation. However, the attorney who was representing you in out-of-court negotiations would not be able to litigate on your behalf. You would need to hire a different person to represent you in court.
This is one of many reasons why it pays to learn as much as you can about alternative settlement options ahead of time to determine whether you believe it’s the most viable option in your case.
Things To Consider When Determining Holiday Schedules
/in Child Custody /by Eric LaubacherFamilies in Ohio are now preparing for the holidays. This could include travel outside of the state to see family or having family from out of state come to their homes. Some people celebrate the holidays on different days with different sides of the family. When couples are married they generally all go to the same locations together, but if they are divorced developing a plan for the holidays can be much more difficult.
While most of the attention during a divorce is spent determining custody and a regular parenting time schedule, it is also important to determine a holiday schedule. They are many different factors that must be looked at when determining the schedule. First is what holidays the family wants to include in the holiday schedule. As mentioned above, not all families celebrate the same holidays. Some common ones are New Years Eve and Day, Passover, Easter, Mother’s Day and Father’s Day, Memorial Day, Fourth of July, Labor Day, Rosh Hashanah, Thanksgiving, Hanukah, Christmas Eve and Christmas Day.
Once the couple determines which holidays are important to have in the holiday schedule, they must determine how they want to divide them. It could be alternating them each year or splitting the day, with the children spending time with both parents. Couples also could allow one parent to have a certain holiday every year if they always do something special with the children on that holiday.
The holidays can be a hectic and stressful time for many people in Ohio, but it can also be a very fun and joyous time as well. To help ensure that people will continue to find enjoyment in the holidays after a divorce, having a clear holiday schedule can be important.